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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1888 ..

MR STANHOPE (Leader of the Opposition) (4.49): Mr Temporary Deputy Speaker, I agree that subclause (6) should be deleted as I believe it is no longer relevant. I think subclause (7) should probably be retained but it requires an amendment. I draw to the Attorney's attention that subclause (7) probably needs to be retained.

I am not quite sure what will happen in relation to the drafting. If subclause (6) were to be deleted then the words "apart from subsection (6)" in subclause (7) would be redundant. It seems to me that the rest of the subclause is relevant and it should be retained. But I do not quite know the procedure in these circumstances.

MR STEFANIAK (Minister for Education and Attorney-General) (4.50): I am advised by my officers that subclause (7) attaches itself to subclause (6). I hear what Mr Stanhope says but I am advised that if it is silent the liability naturally attaches to the territory. I want to make that point. Subclause (7) specifically refers to subclause (6), and if the bill is silent on that any liability obviously attaches itself to the territory.

MR STANHOPE (Leader of the Opposition) (4.50): I will accept it, on the Attorney's judgment.

Subclauses 9 (6) and 9 (7) negatived.

Clause 9, as amended, agreed to.

Clause 10.

MR STEFANIAK (Minister for Education and Attorney-General) (4.51): The government proposes to omit this clause. Late last night I read very detailed advice on this very point in a submission from the Law Society, and I thought that advice had considerable merit. Clause 10 creates the offence of possessing an offensive weapon. The Law Society felt that the clause certainly is not necessary. We have looked into that and we agree that the clause is not necessary as there are existing offences under the Crimes Act 1900 that achieve the same result. So, bowing to the Law Society's request, which we feel was a reasonable one-I think it might have also been raised by scrutiny of bills committee-we propose to omit the clause.

MR STANHOPE (Leader of the Opposition) (4.52): Mr Temporary Deputy Speaker, I will withdraw my amendment.

Clause 10 negatived.

Clause 11.

MR STEFANIAK (Minister for Education and Attorney-General) (4.53): Mr Temporary Deputy Speaker, I seek leave to move my amendments Nos 6 and 7 together.

Leave granted.

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